Last updated: July 29, 2022
Main Policies
Sale of e-cigarettes
The sale of e-cigarettes is allowed subject to restrictions including location-based sales restrictions, restrictions on vending machine sales, product notification and a minimum sales age.
Use in indoor public places, workplaces, and public transport
The law prohibits the use of e-cigarettes in all indoor public places and workplaces, as well as in all “vehicles or means of transport paid for by passengers, ambulances and aerial tramways” and “rail and maritime means of transportation, as well as aircraft with point of origin and destination within the national territory.”
Advertising and promotion (excluding point of sale product display)
The law generally prohibits the advertising and promotion of "tobacco derivatives," which is defined to includee-cigarettes. However, there are exceptions for direct industry communication with vendors and adult consumers, and for adult-only venues that do not have smoke free space.
Sponsorship
The law generally prohibits the sponsorship of "tobacco derivatives," which is defined to include e-cigarettes.
Point of sale product display
Under Directive DM-JM-3274-2018, the Minister of Health ordered that display cabinets be covered so that tobacco products and derivatives (including e-cigarettes) are not visible at points of sale. Originally, under the Tobacco Control Law and Regulations, display was limited to "shelves located at cash registers at points of sale within establishments, in such a way that they are not directly accessible to the end consumer.” With the order to cover display cabinets, point of sale product display is prohibited.
Sale of e-cigarettes via the internet
The sale of "tobacco derivatives," which includes e-cigarettes, via the internet is allowed with adult (at least 18 years old) age verification.
Flavors (other than tobacco flavor)
While the law does not prohibit specific ingredients or additives, it authorizes the Ministry of Health, in accordance with objective scientific criteria and international standards, to prohibit ingredients or additives which increase the total inherent toxicity and addiction to the products.
Specified ingredients/additives
While the law does not prohibit specific ingredients or additives, it authorizes the Ministry of Health, in accordance with objective scientific criteria and international standards, to prohibit ingredients or additives which increase the total inherent toxicity and addiction to the products.
Health warnings on product packaging
Pictorial health warnings must occupy 50% of the two principal display areas (front and back) of packages of "tobacco products and derivatives," which includes e-cigarettes, placed on the lower portion of the pack. Health warnings are established for each annual rotation period by the Ministry of Health. Warnings must be distributed proportionately, use prescribed colors, not be obstructed, be placed so that they are not damaged by opening, and appear on primary and secondary packaging.
Other product packaging and labeling requirements
A text warning about the contents of tobacco and their emissions must appear on 100% of one of the lateral faces of the primary packaging. The law also prohibits misleading packaging or labeling, including the use of any terms that may lead the public to suppose that one tobacco product is less harmful than another in terms of its content, risks, or emissions. This includes terms such as: "low in tar," "Light," "Ultralight," "Mild," "extra," and "ultra."
Maximum nicotine concentration
There is no law addressing nicotine concentration levels in e-cigarettes; therefore, there is no prescribed maximum nicotine concentration.
Device requirements
There is no law addressing device requirements for e-cigarettes.
Manufacturer/importer disclosures and/or notification requirements
The law requires manufacturers and importers to submit an annual notification to the Ministry of Health containing information about ingredients, emissions, and methods of analysis, as well as the methods of analysis. Modifications or reformulations will require additional notifications.
Location-based sales
The law prohibits the sale of "tobacco products and derivatives, which includes e-cigarettes, in educational, government, healthcare, cultural, or athletic facilities, and recreation or amusement centers for minors.
Sale of e-cigarettes via vending machines
The law prohibits the sale of "tobacco products or derivatives," which includes e-cigarettes, via vending machines.
Synthetic nicotine
The law prohibits the import, sale, use, commercialization, advertising, promotion, and sponsorship of “products containing synthetic nicotine” and related accessories.